THIS BENCH of the Appeals Chamber of the International Tribunal for
the Prosecution of Persons Responsible for Serious Violations of International
Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991
("Bench" and "International Tribunal" respectively),

BEING SEIZED OF the "Accused Dario Kordics Application
for Leave to Pursue an Interlocutory Appeal of Trial Chamber IIIs March 10, 2000
Ruling to Admit into Evidence seven Affidavits and one Formal Statement in Contravention
of the Provisions of Rule 94ter", filed on 17 March 2000, and "Accused
Mario Cerkezs Notice of Joinder in Accused Dario Kordics Application for Leave
to Pursue an Interlocutory Appeal of Trial Chambers SsicC III March 10, 2000 ruling
to Admit into Evidence seven "Affidavit Sataments SsicC" and one "Formal
Statement" in Contradiction of the Provisions of to SsicC Rule 94ter",
filed on 17 March 2000 (together the "Application");

NOTING the oral decision of Trial Chamber III rendered on 10 March
2000 ("Impugned Decision"), granting a request by the Office of the Prosecutor
("Prosecution") to admit into evidence seven Affidavits and one Formal
Statement;

NOTING the "Prosecutors Response to Accused Dario
Kordics Application for Leave Pursuant SsicC an Interlocutory Appeal of Trial
Chamber IIIs March 10, 2000 Ruling to Admit into Evidence seven Affidavits and one
Formal Statement under Rule 94ter", filed on 27 March 2000
("Response");

NOTING the"Reply to the Prosecutors Response to
the Accused Dario Kordics Application for Leave to Pursue an Interlocutory Appeal of
Trial Chamber IIIs March 10, 2000 Ruling to Admit into Evidence seven Affidavits and
one Formal Statement in Contravention of the Provisions of Rule 94ter", filed
on 31 March 2000 ("Reply");

NOTING the "Prosecutors Request for Leave to File a
Supplementary Response to New Facts Raised by the AccusedsSsicC Dario Kordic
in his Reply", filed on 6 April 2000 ("Request");

NOTING that the Application is filed pursuant to Rule 73 of the
Rules of Procedure and Evidence of the International Tribunal ("Rules") which
provides, inter alia, that applications "for leave to appeal shall be filed
within seven days of the filing of the impugned decision" and allows for
interlocutory appeals in the following two instances:

if the decision impugned would cause such prejudice to the case of the party seeking
leave as could not be cured by the final disposal of the trial including post-judgement
appeal; or

if the issue in the proposed appeal is of general importance to proceedings before the
Tribunal or in international law generally;

CONSIDERING that the Application was filed within time;

CONSIDERING that the Appeals Chamber would be precluded from
examining the Request, except within the framework of an appeal against a prior decision
on the matter by the Trial Chamber;

FINDING that the Application has failed to establish that any
alleged prejudice arising from the Impugned Decision could not be cured by the final
disposal of the trial including post-judgement appeal;

FINDING, however,that the Trial Chambers authority in
relation to the admission of affidavit evidence in this case constitutes an issue of
general importance to proceedings before the International Tribunal or in international
law generally;

HEREBY,

1. DECLARES the Request inadmissible;

2. GRANTS Leave to Pursue an Interlocutory Appeal;

3. INFORMS the parties of their obligations to submit written
briefs in accordance with the Practice Direction on Procedure for the Filing of Written
Submissions in Appeal Proceedings before the International Tribunal (IT/155).

Done in both English and French, the English text being authoritative.

________________________________
Fausto Pocar,
Presiding Judge

Dated this twenty-eighth day of April 2000
At The Hague,
The Netherlands.